Bloggs was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result of the accident he was out of work for four months, and he incurred considerable medical expenses. His leg did not heal quickly or completely because of an hereditary bone defect which he suffered. Hence he had to take on lighter work, which did not pay as well as his former employment.
(i)What legal action is available to Bloggs against the proprietor of the store, or the
cleaner or the floor polish manufacturer?
(ii)Is the situation different if Bloggs suffered his injury after breaking into the shop with the intention of committing theft and arson?
(iii)Will Bloggs succeed in a claim for loss of earnings from his change of employment?
Law....how to answer!! help***
2008-04-23 12:08 am
回答 (1)
2008-04-29 5:57 pm
✔ 最佳答案
好似又係功黎嫁喎，不過呢題我以前做過yeahi) 佢可以by Civil Law / The Law Of Tort去追，如果証實係間store有錯，例如有水or污穢冇清潔。至於告邊個就梗係睇係邊個錯啦，好似頭先講咁，係有水or污穢既就可能係間store同清潔公司錯囉，都唔關floor polish manufacturer事，當然唔可以告佢啦。
而告佢既理由就係因為佢有negligence。間store係個owner / occupier，佢對d legal visitor 有duty care,即係一句 (he may be lianle for the tort of negligence)。
ii)梗係有啦，承上題所講，要係legal visitor佢先有duty care ma，偷入黎或者個intention都唔legal，駛乜向佢負責唶。
iii)YES.係remedies available in tort課書話，The general principle of awarding damages in tort is to compensate the plaintiff for his losses. 包括有 1. Pain and Suffering 2. Medical Expenses 3. The Lost finger 4. Earning lost while he was recovering 5. earning lost because of the disability.不過你記得先assume咗佢可以向間store追討先喎，因為答題時有先assume，就乜都唔成立嫁勒。
睇你多數都係功課，但係唔知你有冇參考書呢？如果係 An introduction to Hong Kong Business Law，你可以睇Part VI General Principles of the Law of Tort --- Page 361 - Page386
參考: An introduction to Hong Kong Business Law
收錄日期: 2021-04-15 14:34:52
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20080422000051KK01237